Visa income requirements

[KevinA74 2]

I have a question about the income requirements for the CR-1 visa. When they ask for the number of people in the sponsor's household would this include everyone living under the same roof regardless if they are financially independent or not? If I include them then it increases the financial requirements, but I don't see why I should include them if they are not dependent on me.

 

Second, why is the income requirements for the CR-1 greater than the K-1? It seems like this should be reversed since with the K-1 the person moving here will not be able to work for 5-6 months, whereas they can work immediately with the CR-1. Thanks.

Edited January 18, 2020 by KevinA74

[igoyougoduke 1,604]

no obviously you wont includes your room mates and cousin brother who visits on weekends. it means those that are dependent on the income like spouse,  borthers/sisters, children and parents if they depend on the income 

[LilyJ 1,258]

Only dependents.

The initial minimum income required for a K1 is lower, yes. But once it's time for the K1 fiance(e) to adjust status after marriage, the income required for Adjustment of Status is the same as the income required for CR1/IR1. So really there's not THAT much disparity because K1 couples are applied to the same 125% requirement come adjustment of status time. Some embassies/consulates apply the 125% to K1 applicants also, anyways

[NikLR 13,220]

an MIT professor put together this interesting article on living wage 

https://livingwage.mit.edu/articles/31-bare-facts-about-the-living-wage-in-america-2017-2018

 

Now if we take the fact that the I-864p says a family of 4 needs $32,187 to qualify, but this article states that a living wage for a family of 4 averages at $66,842 before taxes, you can see there is a HUGE disparity in a living wage and a poverty guideline.  I've we're going to say that the poverty guidelines are too high at 125% of the poverty guideline, then we're already talking about bringing a spouse into the USA to live below a living wage, and potentially living in poverty.   Why are we thinking this is okay?

[NikLR 13,220]

But I agree that the K1 requirement should be at least the 125% to be on par with the I-864 as well, AND the I-134 should be legally binding for the period of the I-94. 

[KevinA74 2]

Thank you all for your input.

[pushbrk 12,105]

20 hours ago, NikLR said:

But I agree that the K1 requirement should be at least the 125% to be on par with the I-864 as well, AND the I-134 should be legally binding for the period of the I-94. 

In practice, Consular Officers apply the 125% standard.  USCIS doesn't issue visas.

[NikLR 13,220]

1 hour ago, pushbrk said:

In practice, Consular Officers apply the 125% standard.  USCIS doesn't issue visas.

Some embassies and consulates don't seem to apply the 125% standard to the I-134.  It's also not legally binding.  The I-864 I was referring to was for the CR1/IR1 as per the OP's original post not the AOS for the K1 beneficiary. 

[pushbrk 12,105]

4 hours ago, NikLR said:

Some embassies and consulates don't seem to apply the 125% standard to the I-134.  It's also not legally binding.  The I-864 I was referring to was for the CR1/IR1 as per the OP's original post not the AOS for the K1 beneficiary. 

As a practical matter, the financial requirements for bringing a fiancee and bringing a spouse are the same.  While some Consulates may, (Which ones?) apply a different minimum income than others, the reality, is still the 124%.